DREAM Act Portal Forum - Panel advances bill to jail illegal migrants

Panel advances bill to jail illegal migrants
Ariz. Senate measure would impose state penalties

by Casey Newton - Jun. 10, 2009 12:00 AM
The Arizona Republic .
The state Legislature is moving to make federal immigration issues a matter of state law, a change that could mean jail time for illegal immigrants.

Under a bill approved by a committee Tuesday, being in the country illegally - historically considered a federal matter - would become a state misdemeanor. A second offense would be a felony.

That would mean illegal immigrants found in Arizona could be arrested by local police, accused by local prosecutors and be put behind bars, rather than being turned over to U.S. officials for deportation.
On an 8-3 vote, the Senate Appropriations committee recommended Senate Bill 1162 be approved. The bill originated as a measure to renew funds for Maricopa County Sheriff's Office anti-illegal immigration efforts, but an amendment added Tuesday would create the new state trespassing law.

The provisions of the bill fit into an overall strategy long sought by opponents of illegal immigration, who want state penalties for what are now federal crimes.

This, they say, will make it easier for local officials to fight illegal immigration and provide jail time for a crime they say too often goes unpunished.

"We're back to an old-school push to create state crimes," said Sen. Ron Gould, R-Lake Havasu City, who voted for the bill.

The bill drew criticism on two key points: the cost for cities and counties to prosecute and jail illegal immigrants, and a provision that would prohibit government entities from restricting law-enforcement agencies from inquiring about someone's immigration status.

Essentially, that would bar any policies that now discourage officials from asking about the immigration status of a person who has been detained or is applying for state benefits. A city or agency that didn't comply with the new law could be sued in Superior Court.

That line drew fire from Karen Peters, a lobbyist for Phoenix, who called it "micromanagement of police operations."

"To the extent that this statute would impair our ability to manage our department . . . and to protect witnesses and victims of crimes, that continues to be of enormous concern to us," she said. "This really impairs that mission."

A representative of the Arizona League of Cities and Towns said the provision allowing anyone to sue was overbroad and could lead to frivolous lawsuits. Local governments also would bear the cost of the misdemeanor cases.

Mark Spencer, president of the Phoenix Law Enforcement Association, testified in support of the bill. He said it would prevent policies like the one Phoenix had in place until last year, which prevented police in most cases from asking about a person's immigration status.

"Our officers have paid dearly for that policy," he said. "We wouldn't wish that on any other department in the world."

Critics have said the policy was partly responsible for the death of Phoenix Officer Nick Erfle, who was shot and killed by an illegal immigrant in 2007.

Sen. Russell Pearce, R-Mesa, the bill's sponsor, said the establishment of a state crime would give law-enforcement officials a way to hold suspected illegal immigrants while investigating other crimes.

In recent years, efforts to establish state penalties for immigration violations have faltered.

In 2008, Pearce proposed a bill similar to this year's, which would have put the issue before voters if passed. The bill didn't come to a vote.

In 2007, then-Gov. Janet Napolitano vetoed a bill that would have barred people from disrupting traffic while they waited along public roads looking for work.

The legislation would have affected day laborers, many of whom are undocumented immigrants. Critics have said that large gatherings of laborers threaten safety and spill over onto business property and private land.

Napolitano, now the U.S. Secretary of Homeland Security, called the bill "vague, overbroad and discriminatory" in her veto letter.

SB 1162 must pass two more Senate committees before going to the full Senate.

Separately on Tuesday, the state House gave final approval to a measure that would ban so-called sanctuary policies, those intended to prohibit local officials from enforcing immigration laws.

Pearce said language in that bill would make it difficult to enforce and that his bill would have a better chance of eliminating sanctuary policies.